Ajay Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.83712 of 2024 Arising Out of PS. Case No.-425 Year-2023 Thana- BHAGWAN BAZAR District- Saran ====================================================== Ajay Kumar Son of Late Ramesh Prasad Resident of Kashi Bazar, P.S.- Bhagwan Bazar, Distt.- Saran ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Avanish Kumar Singh, Advocate Mr. Mukul Kumar Singh, Advocate For the Opposite Party/s :

Mr. Dilip Kumar No.1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 04-02-2025 Heard Mr. Avanish Kumar Singh, learned counsel for the petitioner and Mr. Dilip Kumar No.1, learned APP for the State.

2. The petitioner seeks bail in a case registered for the offence punishable under Sections 304B of the Indian Penal Code.

3. As per the prosecution case, the petitioner along with other co-accused is said to have killed the daughter of the informant by burning her.

4. It is submitted by learned counsel for the petitioner that no such occurrence as alleged ever took place. He is quite innocent and has been falsely implicated in this case. It is further submitted that the petitioner and his deceased wife

Patna High Court CR. MISC. No.83712 of 2024(3) dt.04-02-2025 2/3 were living happy conjugal life and blessed with a son. As a matter of fact, during course of cooking she burnt due to fire. The petitioner himself brunt in the process of dousing fire. It is further submitted that the charge has already been framed. The petitioner has no criminal antecedent and has been languishing in custody since 27.06.2024.

5. Learned APP for the State opposed the bail petition.

6. Considering the facts aforesaid, the period of custody and the fact that the charge has already been framed, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Bhagwan Bazar P.S. Case No.425 of 2023, subject to the following conditions : (i) One of the bailors will be his own blood relative, preferably, father, mother, brother, sister and/or his wife. (ii) The petitioner shall not indulge himself in any similar offence till conclusion of the trial. (iii) The petitioner shall remain physically present in court on each and every date during trial and in the event of

Patna High Court CR. MISC. No.83712 of 2024(3) dt.04-02-2025 3/3 failure on two consecutive dates without sufficient reasons, his bail bonds shall be liable to be cancelled by the learned court concerned.

(iv) The petitioner shall co-operate with the investigation, if not already concluded and make himself available and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail. (v) The petitioner will mark his attendance in the local police station in first week of every month till conclusion of trial, failing which the prosecution will be at liberty to move cancellation of his bail bond.

(Anjani Kumar Sharan, J) Trivedi/- U